Medical College of Wisconsin
What everyone needs to know about Sex Discrimination, Sexual Violence, Domestic Violence, Dating Violence and Stalking
Information, Reporting Procedures and Resources
Table of Contents Page #
Campus Commitment 2
Title IX, Sexual Discrimination and the 3 Violence Against Women Act (VAWA)
Domestic Violence 4
Dating Violence 5
Stalking 6-7
Sexual Violence/Sexual Harassment 7-10
Impact of Sexual Violence 10
Reporting Procedures 11-12
Confidential Services 12
Be an Active Bystander 13
Risk Reduction Strategies 14
MCW Contact Information 15
Campus Commitment
MCW prohibits sex discrimination, sexual harassment, domestic violence, dating violence, sexual assault and stalking and emphasizes its commitment to maintaining a safe campus and working environment, where the dignity and worth of all members of the MCW community are recognized and valued.
This booklet provides information about the Violence Against Women Act (VAWA), Title IX of the Education Amendments of 1972 (Title IX) as well as sex discrimination, sexual harassment, domestic violence, dating violence, stalking, and sexual violence, their impact, and reporting options and resources if you are a victim.
Page 2 Title IX—Prohibition on Sex Discrimination
Title IX of the Education Amendments of 1972 (Title IX), enforced by the U.S. Department of Education’s Office for Civil Rights, protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX specifically states: “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” Sex discrimination includes sexual harassment, acts of sexual violence, domestic violence, dating violence and stalking.
Violence Against Women Act (VAWA)
VAWA was originally passed by Congress as part of the broader Violent Crime Control and Law Enforcement Act of 1994. The Violence Against Women Act of 1994 (1) enhanced investigations and prosecutions of sex offenses and (2) provided for a number of grant programs to address the issue of violence against women from a variety of angles, including law enforcement, public and private entities and service providers, and victims of crime. The original act was intended to change attitudes toward domestic violence, foster awareness of domestic violence, improve services and provisions for victims, and revise the manner in which the criminal justice system responds to domestic violence and sex crimes. Since its passage, VAWA has been modified and reauthorized several times, most recently in 2013.
VAWA 2013 amended the Higher Education Act of 1965 (HEA) and established new mandatory grant guidelines for institutions of higher education in their incident response procedures and development of programs to prevent domestic violence, sexual assault, stalking, and dating violence. VAWA 2013 also addressed mandatory crime reporting and safety procedures on college campuses.
Source: Congressional Research Service, The Violence Against Women Act: Overview, Legislation, and Federal Funding
Page 3 Domestic Violence Domestic violence is defined as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. For definitions, refer to MCW’s Corporate Policy regarding the prohibition of sex discrimination, sexual assault, domestic violence, dating violence, & stalking. SIGNS OF INCREASING DANGER
Extreme jealousy or insecurity Depression and talk of suicide Threatens to kill you, your children, or your relatives Kidnapping attempts on you or your children Increased violence or severe incidents of abuse Possession of weapons or threats to use them Increased use of drugs or alcohol Unpredictable changes in behavior/ mood swings Isolating you from your family and friends
WHAT YOU CAN DO IF YOU ARE A VICTIM OF DOMESTIC VIOLENCE
Call the police - If you feel you are in danger at any time, call 911. Get support from friends and family - Tell your supportive family, friends and co-workers what has happened. Find a safe place – The Wisconsin Coalition Against Domestic Violence (WCADV) has a list of all domestic violence shelters in Wisconsin: http://www.endabusewi.org/gethelp/search. Get medical help - If you have been hurt, go to the hospital or your doctor. Domestic violence advocates may be called to the hospital to give you support. Medical records can be important in court cases. Medical records can also help you get a restraining order. Get a restraining order – Information on how to obtain a restraining order can be found at the Wisconsin Department of Justice website http://www.doj.state.wi.us/ocvs/victim-rights/restraining-orders Make a safety plan - Plan what to do before you feel unsafe. Visit the WCADV’s website for more information on safety planning: http://www.endabusewi.org/gethelp/safety-planning. Refer to the back cover of this booklet for additional information on available resources.
Page 4 Dating Violence Dating violence is a pattern of abusive behaviors used to exert power and control over a dating partner, usually seen as a series of abuse behaviors over a course of time. Every relationship is different, but the things that unhealthy and abusive relationships have in common are issues of power and control. Abuse in dating violence can be physical, verbal/emotional abuse, sexual abuse, and/or digital abuse (the use of technology and/or social media to intimidate, harass, or threaten a current or ex-dating partner such as demanding passwords, cyberbullying, or stalking on social media). Violent words and actions are tools an abusive partner uses to gain and maintain power and control over their partner. For definitions, refer to MCW’s Corporate Policy regarding the prohibition of sex discrimination, sexual assault, domestic violence, dating violence & stalking.
WARNING SIGNS
Although there are many signs to pay attention to in a relationship, look for these common warning signs of dating abuse:
Checking cell phones, emails or social networks without permission Extreme jealousy, insecurity, or possessiveness Constant belittling or put-downs Explosive temper Isolation from family and friends Making false accusations Erratic mood swings Physically inflicting pain or hurt in any way Telling someone what to do Repeatedly pressuring someone to have sex WHAT YOU CAN DO IF YOU ARE A VICTIM OF DATING VIOLENCE If you or someone you know is the victim of dating violence, you should speak with a trusted friend or family member and seek help. The National Dating Abuse Helpline can be reached by calling 1-866-331-9474 or through text message by texting “loveis” to 22522. Local help can be found by following this link: http://wcadv.org/ gethelp/allprograms. Refer to the back cover of this booklet for additional information on available resources.
Page 5 Stalking Stalking is engaging in a course of conduct of repeated and unwanted attention directed at a specific person that would cause a reasonable person to feel fear or to suffer substantial emotional distress. Stalking is a dangerous crime that affects an estimated 6.6 million women and men each year. As many as 1 in 4 women and 1 in 13 men have experienced stalking victimization at some point during their lifetime. Most often the stalker is someone the victim knows - an acquaintance, a relative, or a current or former intimate partner. For definitions, refer to MCW’s Corporate Policy regarding the prohibition of sex discrimination, sexual assault, domestic violence, dating violence and stalking.
Stalking can be, but is not limited to:
Repeated, unwanted, intrusive, and frightening communications from the perpetrator by phone, mail, and/or email
Repeatedly leaving or sending victim unwanted items, presents, or flowers Following or lying in wait for the victim at places such as home, school, work, or recreation place Making direct or indirect threats to harm the victim, the victim's children, relatives, friends, or pets
Damaging, or threatening to damage, the victim's property Harassing the victim through the Internet Posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth Stalking is unpredictable and dangerous. No two stalking situations are alike. There are no guarantees that what works for one person will work for another, yet victims can take steps to increase their safety.
WHAT TO DO
Trust your instincts. Victims of stalking often feel pressured by friends or family to downplay the stalker’s behavior, but stalking poses a real threat of harm. Your safety is paramount.
(Continued)
Page 6 Call the police if you feel you are in any immediate danger. Explain why even some actions that seem harmless—like leaving you a gift—are causing you fear. Keep a record or log of each contact with the stalker. Be sure to also document any police reports. Stalkers often use technology to contact their victims. Save all e-mails, text messages, photos, and postings on social networking sites as evidence of the stalking behavior.
Get connected with a local victim advocate to talk through your options and discuss safety planning. Call the National Domestic Violence Hotline at 1–800–799–SAFE. Refer to the back cover of this booklet for additional information on available resources.
What is Sexual Violence?
Sexual violence, as defined by the U.S. Department of Education, Office for Civil Rights, is physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, such as a person’s age (a minor) or due to the use of alcohol or drugs. A person may also be unable to give consent due to mental or other disabilities. Sexual violence includes, but is not limited to, sexual assault, sexual abuse, sexual harassment, unwanted sexual contact and/or touching of intimate parts, and sexual coercion. Sexual violence can be carried out by school employees, other students, or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by MCW policies and state/federal laws. For definitions, refer to MCW’s Corporate Policy regarding the prohibition of sex discrimination, sexual assault, domestic violence, dating violence and stalking.
Who is at Risk? Everyone is at risk. Chances are, you know someone who has been sexually assaulted. Sexual violence affects people of all genders, ages, races, religions, incomes, abilities, professions, ethnicities, and sexual orientations. Sexual violence has no boundaries.
Page 7 Sexual Violence Statistics
In 8 out of 10 sexual assault cases, the victim knew the perpetrator
Nearly 1 in 4 women may experience sexual violence by an intimate partner in their lifetime
1 in 4 females and 1 in 6 males will be sexually assaulted by the age of 18
1 in 5 women and 1 in 16 men are sexually assaulted while in college
More than 90% of sexual assault victims on college campuses do not report the assault
Females ages 18 to 24 had higher rates of sexual assaults than females in other age groups
Source: National Center on Domestic and Sexual Violence; National Sexual Violence Resource Center; Bureau of Justice Statistics
The Scope of Sexual Violence
SEXUAL ASSAULT (Wisconsin §940.225) Each state defines sexual assault somewhat differently. In Wisconsin, sexual assault is separated into first, second, third, and fourth degrees with first degree being the most severe. Sexual assault is a term that covers a wide range of criminal behaviors. Sexual assault is sexual contact or sexual intercourse with another person without their consent. This includes forced vulvar penetration, as well as forced cunnilingus, fellatio, or anal intercourse. Other factors include, but are not limited to, a weapon being used or threatened to be used, if the victim becomes pregnant, if significant physical injury occurred, if the victim was unable to give consent due to being under the influence of drugs and/or alcohol, or if the victim suffers from a mental illness. Sexual assaults are not only committed by strangers. Sexual assault can be committed by someone you know like a roommate, co-worker, spouse, boyfriend, or girlfriend. (Continued)
Page 8 Consent: a freely given agreement by a legally competent adult who indicates by words or actions a willingness to have sexual intercourse or sexual contact with a particular person.
Sexual Contact: intentional touching, whether direct or through clothing, of another person’s intimate parts, by the use of any body part or object.
Intimate Parts: the sexual organ, anus, groin, or buttocks of any person, and the breast(s) of a female.
SEXUAL COERCION Sexual coercion is defined as the act of using pressure, alcohol and drugs, or force to have sexual contact with someone against their will and includes persistent attempts to have sexual contact with someone who has already refused. Pressure to have sexual contact can be in physical, verbal, or emotional forms. Examples of coercion include statements such as, “If you love me, you would have sex with me” or “If I don’t get sex from you I’ll get it somewhere else.” Abusers may also give you drugs or alcohol to “loosen up” your inhibitions, make you feel like you owe them sexual contact, or continue to pressure you after you say no. In a relationship where sexual coercion is occurring, there is a lack of consent, and the coercive partner does not respect the boundaries or wishes of the other. Be true to yourself. Don't feel obligated to do anything you don't want to do. "I don't want to" is always a good enough reason. Do what feels right to you and what you are comfortable with.
SEXUAL HARASSMENT The Equal Employment Opportunity Commission and the U.S. Department of Education’s Office for Civil Rights has defined sexual harassment in its guidelines as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or education.
Submission to or rejection of such conduct by an individual is used as a basis for employment & education decisions affecting such individual. (Continued)
Page 9 Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work or educational environment.
MCW policies and state/federal laws prohibit a student, professor, co-worker, or visitor from sexually harassing you in the classroom, in the workplace, or at an MCW sponsored event. Both men and women can be targets. Sexual harassment can also occur between individuals of the same gender. If you have been the victim of sexual harassment, contact the Title IX Coordinator at (414) 955-4145.
Impact of Sexual Violence
Every person is unique and survivors of sexual violence will respond to their experience in different ways. Some will express their emotions while others will keep their feelings inside. Some may tell others immediately what happened, others will wait weeks, months, or even years before discussing their assault. It is important to respect each person’s choices and style of coping with this traumatic event. Whether an assault was completed or attempted, whether it happened recently or years ago, and whether it happened on-campus or off-campus, the effects of sexual violence may negatively impact how survivors function on a daily basis. Survivors of sexual violence may experience, but not be limited to, one or more of the following: Emotional and Psychological Reactions
Guilt, shame, self blame, embarrassment Fear, distrust, vulnerability Confusion, difficulty concentrating Post Traumatic Stress Disorder (PTSD) Depression, Anxiety, Eating disorders Flashbacks, nightmares Physical Reactions
Changes in eating or sleeping patterns Concerns about physical safety Concerns about pregnancy or contracting an STI or HIV Changes in physical appearance
Page 10 Reporting Procedures A guiding principle in the reporting of sex discrimination, sexual harassment, sexual violence, domestic violence, dating violence, and stalking is to avoid possible re-victimization of the victim by mandating a specific course of action. After an incident, it is recommended victims consider each of the following:
If possible, get to a safe place. Ideally, find a secure place where you are not alone, such as the home of a nearby friend/family member.
In matters involving sexual assault or violence, seek medical attention as soon as possible. Post-assault medical care can be performed at a local hospital emergency department. Many hospitals have specialized examiners who can complete an exam for victims of sexual violence. Such an exam can help the victim receive appropriate medical treatment and preserve evidence for possible future action. If victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted diseases.
Preserve any physical evidence. It is important not to bathe, douche, smoke, change clothing or clean the bed/linen/area where you were assaulted (if the assault occurred within the past 96 hours). Place items in a paper bag for possible future action. Also, keep copies of voicemail messages, text messages, instant messages, social networking pages, pictures, e-mails and any other documents.
Pursue counseling services with the appropriate agencies. Victims of sexual violence can access both campus and community crisis, shelter, and counseling resources. In Milwaukee County call:
Milwaukee Women's Center: (414) 671-6140 Sojourner Truth House 24-Hour Hotline: (414) 933-2722 Sexual Assault Treatment Centers: (414) 219-5555
In Waukesha County call:
Women's Center Inc. 24-Hour Crisis Line: (262) 542-3828 or (888) 542- 3828
Page 11 Report the incident to MCW Public Safety. If you are a victim of sexual violence on campus, call MCW Public Safety at (414) 955-8299 or dial 9-911 to get help immediately. MCW strongly encourages all members of its community to report sexual violence immediately; however, it is the victim’s choice whether or not to make such a report and victims have the right to decline involvement with law enforcement. Victims of sexual assault have the right to receive assistance from Public Safety in reporting such incidents to local law enforcement. Public Safety personnel will assist any person requesting such assistance and conduct investigative activities as required. Victims can contact the Milwaukee County Sheriff’s Office directly by calling (414) 278-4788 or in person at 10190 W. Watertown Plank Rd., Milwaukee, WI 53226.
Report the incident to MCW’s Title IX Coordinator. MCW’s Title IX Coordinator is the Vice President of Human Resources and Faculty Affairs. The Vice President of Human Resources and Faculty Affairs’ office is located in the Human Resources offices in the Medical Education Building, room M1210. Reports can be made by calling 414-955-4145, in writing or by coming into the office.
Confidential Services Students are provided access to confidential mental health services 24 hours a day, 7 days a week. For questions or a referral, call the Student Mental Health Service at (414) 955-8933.
MCW provides an Employee Assistance Program administered by ComPsych free of cost to faculty, staff and their families. The program covers up to six (6) in- person assessment and referral services per family member per presenting issue. For questions, call (866) 379-0237 or visit guidanceresources.com (Web ID: MCW).
The MCW community may also contact the MCW Compliance Reporting Line at (866) 857-4943. MCW will evaluate all reports of wrongdoing promptly, thoroughly and fairly. Refer to the back cover of this booklet for additional information on available resources. Page 12 INVESTIGATIONS OF REPORTS OF SEXUAL VIOLENCE Reports of sexual violence made to Public Safety will automatically be referred to the Title IX Coordinator for investigation regardless of if the complainant chooses to pursue criminal charges. The Title IX related investigation will include a prompt, fair, and impartial investigation and resolution process transparent to the accuser and the accused. MCW policies addressing sexual harassment and other professional misconduct apply to students, staff, and faculty. These policies, as applicable, may be used to hear and determine sanctions in cases of alleged sexual offenses. Possible disciplinary sanctions in cases of sex offenses include counseling, verbal warnings, written warnings, final written warnings, suspension, letter of non-renewal, expulsions and terminations. The procedures for handling charges under either policy are described in the Administrative Policies and Procedures Handbook, Faculty Information Handbook, Graduate Student Handbook, and the Medical Student Handbook. In each handbook, steps for reporting offenses, hearing offenses, making determinations, and taking disciplinary action are detailed. Grievance procedures are also outlined in the handbooks.
Be an Active Bystander Bystanders play a critical role in the prevention of sexual and relationship violence. Bystanders are defined as individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it. If you or someone else is in immediate danger, call MCW Public Safety at (414) 955-8299 or 9-911. Below is a list of some ways to be an active bystander:
Watch out for your friends and fellow students/employees. If you see someone who looks like they are in trouble, ask if they are ok. Confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated. Speak up when someone discusses plans to take advantage of another person. Believe someone who discloses sexual assault, abusive behavior, or experience with stalking. Refer people to on or off campus resources listed in this document for support in health, counseling, or with legal assistance.
Page 13 Risk Reduction Strategies With no intent to victim blame and recognizing that only perpetrators are responsible for sexual violence, the following are some strategies to reduce one’s risk of sexual assault or harassment (taken from Rape, Abuse, & Incest National Network).
Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation. Try to avoid isolated areas. It is more difficult to get help if no one is around. Walk with purpose. Even if you don’t know where you are going, act like you do. Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Don't allow yourself to be isolated with someone you don’t trust or someone you don’t know. Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone. When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation. Don't leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one. Don't accept drinks from people you don't know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers. Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately. Make sure your cell phone is with you and charged and that you have cab money. If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.
Page 14 MCW Contact Information
Public Safety Public Safety Center Health Research Center, Room H1820 Emergency: 414.955.8299 Non-Emergency: 414.955.8295
Websites: Intranet: http://infoscope.mcw.edu/publicsafetyinfoscope.htm Internet: http://www.mcw.edu/publicsafety.htm
E-mail Addresses: [email protected] or [email protected]
MCW Public Safety Scan this QR code with your Smartphone to add Public Safety to your contact list. @MCWPubSafety
Title IX Title IX Coordinator Human Resources Offices, Medical Education Building Phone #: 414.955.4145
Additional information on MCW’s Title IX program, including reporting procedures, resources and a listing of Title IX Deputy Coordinators can be found at the following website: http://www.mcw.edu/sexual-misconduct.htm
Page 15 Where to Get Help On-Campus Resources
MCW Public Safety Non-emergency - 414.955.8295 Emergency - 414.955.8299 Office of Academic Affairs - 414.955.8279 Office of Human Resources - 414.955.8245 Title IX Coordinator - 414.955.4145 Office of Multicultural Student Affairs - 414.955.8734 Office of Student Support Services - 414.955.8933 Employee Assistance Program - 866.757.3271 MCW’s Compliance Reporting Line - 866.857.4943
Community Resources
Domestic Violence Hotline - 414.933.2722 Froedtert Hospital - 414.805.3666 Milwaukee County Behavioral Health - 414.257.6995 Milwaukee County Sheriff’s Office - 414.278.4788 Milwaukee Women’s Center Crisis Hotline - 414.671.6140 National Dating Abuse Helpline - 866.331.9474 Sojourner Truth House 24-Hour Hotline - 414.933.2722 Sexual Assault Treatment Centers - 414.219.5555 U.S. Dept. of Ed, Office of Civil Rights 800.421.3481 Women’s Center Inc. 24-Hour Crisis Line - 262.542.3828